I. P. Singh, J. - (1.) SUKHLAL, Ghanshyam, Mangu Singh and Jagdish Singh convicts appellants have preferred this appeal against the judgment and order of Sri D. D.Srivastava, Additional District and Sessions Judge, Bijnor, dated 1-6-77, convicting and sentencing each one of them under Section 302/34 IPC to imprisonment for life.
(2.) THE prosecution case is that one Niader Singh of village Matora Bhan, Police Station Dhampur, district Bijnor had four sons namely Kadhera Singh, Bakshi Singh, Ghanshyam (appellant) and Nathu Singh (deceased). Balwant Singh complainant PW 1 and his brother Budhu Singh are sons of Nathu Singh (deceased). Bakshi Singh died about 15 years ago leaving his widow Smt. Naraini. This widow entered into Karao with Ghanshyam appellant. Kadhera Singh had no issue. Nathu Singh deceased alone lived in village Mitora Bhan, while his other three brothers lived in village Parma Wala, where they had joint land.Since Kadhera Singh had no issue, he wanted to give his/and in equal shares to Ghanshyam (half share) and Balwant Singh and Budhu Singh s/o Nathu Singh (half share). However, Ganshayam wanted Kadhera Singh to give his entire land to him. Kadhera Singh, Ghanshyam appellant alongwith other co-appellants and one Harbeer co-accused (since acquitted; had, about two years prior to the present occurrence, abducted Kadhera Singh. However, he was released by them on the intervention of the complainant PW 1 and others. It was further alleged that at about 3 months prior to this incident, the said five persons had come to the village Mitora Bhan and wanted to abduct Nathu Singh (deceased), but they failed in their design at the intervention of Jaipal Singh PW 4 and Ram Nath of that village. All these attempts were made so that Ghanshyam Singh appellant could obtain the entire land of Kadhera Singh to the exclusion of Balwant Singh complainant and his brother Budhu Singh sons of Nathu Singh deceased. On 10-5-1974 Kadhera Singh executed a sale deed of his land transferring half of it to Ghanshyam appellant and the remaining half to Balwant Singh PW 1 and his brother Budhu Singh.
(3.) JAGDISH Singh appellant is son of Mangu Singh appellant. Mangu Singh appellant was brother-in-law (Jeeja) of Smt. Naraini who had entered into a Karao with Ghanshyam appellant. Harbeer co-accused (since acquitted) is the son of Sukhlal appellant. They all are associates of Ghanshyam appellant. On 1-3-1975 at about 6 p.m. Nathu Singh deceased and his son Balwant Singh complainant PW 1 were returning from their field after doing Chhaul of their sugarcane. They reached between the fields of Deena Nath and Lallu (in village Mitora Bhan). At that time Balwant Singh complainant PW 1 happened to be 3-4 paces ahead of his father Nathu Singh deceased. All the four appellants and Harbeer co-accused (since acquitted) arrived there running from behind (from north side). Sukhlal appellant carried a lathi, while the other four had Kantas. They immediately caught hold of Nathu Singh deceased. Balwant Singh complainant PW 1 took to his heals, raising alarm and ran into the nearby field of Ram Pal PW 2 (lying towards west of the said field of Lallu) Ram Pal PW 2, Prem, Vikram PW 5 and Shiv Charan etc. came running and joined Balwant Singh complainant PW 1 and happened to see the occurrence. It was on their shouts that the four appellants and Harbeer after murdering Nathu Singh deceased ran away.;